Scott v Munayallan

Case [2021] HCASL 30

SCOTT

v

MUNAYALLAN & ANOR

[2021] HCASL 30
S209/2020

  1. The applicant seeks an order that compliance with r 41.02.1 of the High Court Rules 2004 (Cth) be dispensed with to allow him to file an application for special leave to appeal from the whole of a judgment of the Family Court of Australia (Aldridge J), exercising its appellate jurisdiction, given on 16 December 2019.

  2. The application does not raise any doubt as to the correctness of the decision of the Family Court. Accordingly, it would be futile to grant the extension of time that is sought.

  3. Pursuant to r 41.08.1 of the High Court Rules, we direct the Registrar to draw up, sign and seal an order dismissing the application.

V.M Bell S.J Gageler
25 February 2021

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Scott v Munayallan [2021] HCASL 30
Case
[2021] HCASL 30
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CaseChat Overview and Summary

In the case of Scott v Munayallan, the applicant sought an order to dispense with compliance with rule 41.02.1 of the High Court Rules 2004 (Cth) to enable him to file an application for special leave to appeal from a judgment of the Family Court of Australia. The judgment in question was delivered on 16 December 2019 by Aldridge J, exercising the Family Court's appellate jurisdiction. The applicant's application did not challenge the correctness of the Family Court's decision, rendering any extension of time futile.

The primary legal issue before the court was whether the applicant should be granted an extension of time to file an application for special leave to appeal, despite not questioning the correctness of the Family Court's decision. The court had to consider the provisions of rule 41.08.1 of the High Court Rules, which allows the court to dismiss an application if it finds that granting the extension of time would be futile.

The court found that granting the extension of time would indeed be futile since the applicant did not raise any doubt about the correctness of the Family Court's decision. Consequently, the court dismissed the applicant's application. Pursuant to rule 41.08.1 of the High Court Rules, the Registrar was directed to draw up, sign, and seal an order dismissing the application. This decision was made by V.M Bell and S.J Gageler on 25 February 2021.

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